Terms & Conditions

Introduction

By using or accessing this Website, you agree to these terms and conditions. If you don’t agree to these terms & conditions, please don’t use or access this Website. W.Live may change these terms and conditions from time to time, so you should check these terms and conditions regularly.

Your physical condition

You acknowledge the risks and dangers associated with the strenuous exercise that forms part of the content and services, which include, but are not limited to serious bodily injury, death or other damage or injury. You assume all such risks and responsibility for damages, liabilities, losses or expenses which you may incur as a result of your participation.

Each time you use this Website or Centre facilities, you must ensure you are in good physical condition and know of no medical or other reason why you should not exercise. If unsure, you should not use the Website until you have sought appropriate medical guidance and been given the go-ahead.

You agree to give us all relevant personal health and fitness information both before and during the course of any exercise program or other activity. You also agree to complete our Medical Questionnaire upon our request. In some cases, responses you give will require that you get medical guidance before exercising. You acknowledge that pre-exercise or other screening is no substitute for medical advice and does not guarantee against injury or death.

You promise that information you give us will be true and accurate and not misleading in any way. You must not use the Website or Centre facilities if you are suffering from any illness, disease, injury or other condition that could be a risk to your health or safety or that of other members and others. We may suspend or cancel your account if we have reason to suspect that you have not complied with this paragraph or these terms & conditions more generally.

W.Live, Body By Bex and WTribe and its affiliates make no guarantee, warranty, representation or promise of any health outcomes associated with your use of the Website, including but not limited to weight-loss, weight gain or other changes in body composition or your health or wellbeing more generally.

Centre Rules

Centre Rules apply to everyone using the facilities and services. They are usually displayed in the Centre. Our Rules form part of this Agreement so you must make sure you read, understand and follow them at all times. If you break any of the Centre Rules we will respond in a way we consider fair and appropriate. For example, in less serious cases, we may give you a warning but in serious cases or where you have repeatedly broken Centre Rules we may suspend or cancel your Membership. If your breach causes us or another person costs, loss or damages, you agree to pay for these.

 

Centre access and facilities

You will need your Fob Key (or access card) to access the W.Live Centre and must swipe this each time you use the facilities and services. If you lose or forget your Fob Key (or access card) you may be asked to show photo ID to W.Live staff but this will be at the discretion of the Centre. You should not ask or expect another person to let you into the Centre at any time. You must not let anyone else into a Centre without the approval of W.Live staff or let anyone else use your Fob Key (or access card). If you break this term, you may be charged the Tailgate Fee and/or your Membership may be suspended or cancelled. If your Fob Key (or access card) is lost or stolen you must let us know immediately and get a replacement in 30 days or you may be refused Centre access. A Replacement Fob Key Fee will apply.

Proper use of equipment

You promise to take care to use the facilities and services safely and properly. If you are ever not sure how to operate any equipment properly, you agree to ask W.Live staff first.

24 Hour CCTV cameras

Centre premises have CCTV security cameras recording 24-hours a day (except in bathrooms) and may have remote video guarding services. This system is used for security purposes but does not guarantee against harm. You should contact the Centre if you have questions on this.

Be cautious

You must be cautious when entering, leaving a Centre and using the Centre outside Staffed Hours.

 

Following Directions

You agree to follow any reasonable direction of Centre staff relating to health, safety or security matters or related matters.

Commercial activity

You acknowledge that engaging in any commercial or business activities in the Centre, such as offering training services or selling goods in the Centre is prohibited unless we grant you written permission to do so. If we do give you written permission, we can revoke this at any time.

 

Action for risky or inappropriate conduct

If you behave in a risky or seriously inappropriate way, for example, if you threaten or harass others, damage equipment, distribute or use illicit substances, or train other Members without our authorisation, appropriate action will be taken. For example, your Membership may be immediately suspended or cancelled, you may be banned from joining any Centre and/or we may refer the matter to appropriate authorities. If your conduct causes us or another person costs, loss or damages you agree to pay for these.

Eligibility

For safety and security reasons you must be at least 16 years old to become a member of this Website. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your account, if we believe that you may or will bring our reputation, those individuals who represent us in the market place and our other users into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these terms and conditions.

Your use of this Website

You must not:

use this Website (including by posting content) in a manner that violates a law or regulation of any country or may cause harm, distress or loss to any person;

disrupt, interfere with, reverse engineer or compromise the security of this Website or any software or hardware used in connection with this Website; or

restrict, inhibit or interfere with any other user’s use or enjoyment of this Website.

You acknowledge and agree that your account registration nor your acceptance of these terms & conditions provides you with access to products and services provided at or through the W.Live Website or Centre.

Fees and payment

If you do not make any payment when it is due, your Membership may be suspended and you could be refused access to Centre and to Facilities and Services until all outstanding amounts have been paid. Your Membership may also be terminated if any Fees remain unpaid for an extended period. You will still be liable for all unpaid amounts. A Cancellation Fee may also apply.

 

Cancellation

If you change your mind after joining, you have 7 days to cancel your Membership. To be effective, you must let us know in writing at any time during this 7 day period. Your written cancellation should be given to us by email. If you cancel your Membership and are unable to return the Fob Key, we may charge you a replacement fee.

Privacy

All personal information that you supply in connection with this Website will be collected, used, disclosed and managed by W.Live according to the terms of its Privacy Policy, a copy of which will be available on this Website. You consent to W.Live dealing with your personal information in accordance with its Privacy Policy. 

You must tell us promptly if you change your contact or payment details or if there is a change to other relevant personal information, including anything that may affect health or safety.

You understand that photos, films, videos or audio recordings may be taken of subscribers for promotional purposes. Your permission will first be obtained if this is ever done.

Intellectual property rights

W.Live, Body By Bex and WTribe own the intellectual property rights (including copyright and trade marks) in respect of this Website and its contents. You must not copy, modify, transmit or adapt this Website or its contents or otherwise infringe the intellectual property rights without prior written consent.

If you post any content on this Website, you grant W.Live and affiliates a non-exclusive, perpetual, irrevocable, world-wide, royalty-free licence to use, publish, reproduce and modify that content for any purpose. You warrant that you own the intellectual property rights in any content you post on this Website and that it does not infringe any third party’s intellectual property rights.

Links

This Website may from time to time contain hyperlinks to websites operated by third parties (Linked Sites). Linked Sites are not under the control of W.Live, nor is it not responsible for, and does not control or approve, the contents or operation of any Linked Site. Your use of a Linked Site is subject to the terms and conditions of the Linked Site. Any personal information that you provide to a Linked Site will be subject to the privacy policy and practices (if any) of the operator of the Linked Site.

Cookies

During your use of this Website, W.Live may issue and request cookies to and from your computer or mobile device. By using this Website you authorise W.Live to issue and request such cookies.

Warranties and limitations

To the extent permitted by law:

all statutory and implied guarantees, warranties and conditions of any kind in connection with this Website and its contents are expressly disclaimed. W.Live does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded;

W.Live does not warrant that your access to this Website will be uninterrupted or that this Website will operate error free, that any defects will be corrected or that this Website and their servers are free of computer viruses, trojans, spyware and other harmful material;

W.Live does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Website, or that it will give notice of such use, modification or alteration;

W.Live does not warrant or make any representations about the correctness, accuracy, currency, completeness, reliability, quality or otherwise of this Website or its contents. Your use of this Website and the information on it is at your own risk; and

this Website and its contents are provided on an “as is” basis without any warranties of any kind. W.Live may change this Website or limit or terminate your access to this Website at any time without notice.

Some laws imply terms, conditions and guarantees into agreements such as these terms and conditions that cannot be excluded. If W.Live breaches a non-excludable term, condition or guarantee, it will be liable for that breach. However, if W.Live is allowed to limit its liability for that breach under the relevant law, W.Live’s liability will be limited to supplying the same services again or paying the cost of having the services supplied by someone else (at W.Live’s option).

W.Live makes no representation that the content of this Website complies with the laws of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Limitation of liability

To the extent permitted by law and without limiting any non-excludable consumer rights you may have, W.Live and its affiliates (including but not limited to Body By Bex and WTribe) will not be liable for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Website, or any use of or access to, or any inability to use or access, this Website.

You will hold W.Live and its affiliated companies (including but not limited to Body By Bex and WTribe) harmless against any claims, proceedings losses, liabilities, costs or other expenses (including legal costs) incurred by them in connection with, whether directly or indirectly, your breach of these terms and conditions, your use or access of this Website or any violation by you of any applicable law or these terms and conditions.

Inconsistency

In the event of any inconsistency between these terms and conditions and our Privacy Policy, the terms of our Privacy Policy prevail to the extent of the inconsistency.

Force Majeure

W.Live and its affiliates will not be responsible for any delay in preforming their obligations under these terms & conditions due to causes beyond their reasonable control.

Termination

You may terminate your free account at any time.

Applicable law

By using this Website, you agree that any claim or dispute arising in connection with these terms and conditions, or your use of this Website, will be resolved in accordance with the law applying in the State of New South Wales and under the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

These terms and conditions were last updated in June 5, 2020.

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